fected by the tides. The Dartmouth college decision was held to so
cover railroad corporations as to shield them from legislative control.
These have all been overturned by the march of events, and this
Appellate court decision is not necessarily immortal. For fifty years
the farmers of Illinois knew no such rule. The public roads have been
improved by side ditches which dropped the water into the first
depression. In 1873 there was placed in the road law a provision that a
land owner may drain on the public road by giving timely notice, and
this stands through all revisions. Blackstone in his commentaries does
not class this kind of drainage as a nuisance or trespass to lower
lands, but he does its opposite, where the lower man neglects to "scour"
a ditch, and thus sets back the water to the harm of the upper man. If
this court rule is common law, as claimed, then it may be further said
that a rule for the dark ages when drainage was exceptional, is not
necessarily the true rule, since drainage has become so large a part of
good agriculture.

ACTION OF THE GENERAL ASSEMBLY.--Early in the last session, bills were
introduced into each House to overturn this court decision. These were
defeated, but late in the session there passed with much unanimity a
bill of the following title, which became a law: "An act to permit
owners of land to construct drains for agricultural purposes." Sec. 1 of
this act reads as follows: "That the owner or owners of land in this
State shall be permitted to construct drains for agricultural purposes,
only, into any natural water-course or any natural depression whereby
the water will be carried into any natural water-course, or any drain on
the public highway, if the road commissioners consent thereto, for the
purpose of securing proper drainage to such land, without being liable
in damages therefor to any other person or persons or corporation." This
was intended to establish the right of "individual drainage."

But we are told that the courts will not respect this law, for the
reason that it seeks to legalize trespass.

Here we join issue with our objectors and stand by this declaratory law.
It embodies the general opinion and practice of the people; it is
plainly conformable to the physical laws of nature and the requirements
of civilization. Lands are held subject to laws thus grounded, and these
considerations will not tolerate laws or decisions the very opposite.

These declarations ar